2016 BPC Update 287-2731 www.thinkfirstspraylast.org - PowerPoint PPT Presentation

2016 BPC Update 287-2731 www.thinkfirstspraylast.org pesticides@maine.gov

What I plan to cover  Rule and staff changes  Ag Basic reminder  Storm water sampling results  Pollinator protection plan  Upcoming WPS changes

Who’s your inspector?  Amanda Couture —Midcoast  Eugene Meserve —Southwest  Heidi Nelson —Downeast  John Haley —Aroostook County  Central Maine—Currently vacant, but will be filled for the upcoming season

New BPC rules & policies  New licensing/certification periods and subsequent credit requirement changes  Exam fail wait time has changed

Exam fail wait time  Board changed the exam fail wait time  Before it was  14 days first exam fail  30 days subsequent exam fails  Now it is  6 days for any exam fail

Private Applicator of General Use Pesticides—Agricultural Basic License  Public Law 2011, Chapter 169 requires anyone producing and selling over $1,000 worth of agricultural plants or plant products/year for human consumption to obtain a pesticide applicator license by April 1, 2015  Growers must obtain an Agricultural Basic, or  Private Pesticide Applicator license

Storm water sampling 2,4-D 7 Bentazon 1  BPC took samples from storm Carbaryl 1 water outflows Hexazinone 6  To the right are the active Hydroxy Atrazine 1 ingredients and number of Imazapyr 3 samples with detects Imidacloprid 14 MCPA 4 MCPP 5 Metolachlor 2 Prometon 2 Propiconazole 1 Terbacil 3 Triclopyr 2

Pollinator Protection Portland, Oregon • Bee kills are in the news! Legislators are asking for bans or moratoriums all over the country • EPA is adding pollinator protection statements to labels • Growers must be extremely careful • If crop/weeds in the target area are flowering (or will be soon) or there are flowering plants nearby – think about what you’re doing!

Protect Bees and Other Pollinators  Mow blooming weeds before treatments  Reduce drift  Apply early or late when most pollinators are not foraging

Pollinator protection plan  The DACF developed a pollinator plan  It is based on the North Dakota plan  It stresses voluntary measures such as education, BMPs and communication  It does not contain any new regulatory requirements

WPS Background 11

Original WPS Rule When: Est. in 1992 What: Improve occupational protections Who: Ag workers and pesticide handlers.

Why? Importance of Hazard Communication  Eliminate or reduce agricultural employee exposures to pesticides  Mitigate exposures that occur  Inform employees of pesticide hazards

Businesses Responsible  Agricultural employers on crop-producing establishments  Commercial pesticide handling establishments

Employees Covered  Farmworkers – work in the fields to harvest and cultivate  Pesticide handlers – mix, load, and apply pesticides for use on crops  Other persons present during pesticide applications

WPS Implementation Timeline  January 2, 2017 — Compliance required for:  Most of the revised WPS requirements

WPS Implementation Timeline  January 1, 2018— Compliance required for:  Worker/handler training  Pesticide safety information display  Application exclusion zone

Pesticide Labeling & WPS  Pesticide Labeling  Length of REI  What PPE must be worn  WPS  How to notify workers about the REI (oral or posting)  Providing, maintaining, and ensuring proper fit of PPE "You idiot! I said get the room freshener! That's the insecticide!"

WPS Revisions 19

Public Comments  Nearly 2,400 comments received  Commenters  farmworker advocacy  pesticide manufacturers  grower groups  applicators  state and tribal lead agencies  general public – write in campaigns 20

Key Points Contained In Revisions  Retained and expanded exemption for farm owners and immediate family members - over 520,000 agricultural establishments largely unaffected by most WPS provisions  Delayed compliance dates to give farmers and States time to become familiar with new requirements and prepare for implementation  Compliance with most new requirements by Jan 2, 2017  Compliance with all requirements by Jan 1, 2018 21

Goals of the Revised WPS  Align protections more closely with OSHA regulations  Reduce acute exposure  Improve understanding  Address stakeholder concerns

Pesticide Safety Training Revision  Pesticide training every year  Expand training content [Delayed implementation]  Require recordkeeping of training for 2 years  Provide worker or handler a copy upon request  No “grace period”  Keep certified applicators as trainers  Train-the-trainer programs must be approved by EPA 23

Notification Revision  Post outdoor treated areas when REI is greater than 48 hours (4 Hr REI for indoor)  Oral or posted notification (unless label specifies both) for all other  Early-entry workers must be provided PPE & oral notification of:  information about the pesticide application  specific task to be performed  amount of time that the worker is allowed to remain in the treated area  the PPE required by the label 24

Hazard Communication Revision  Hazard information includes the application-specific information and the pesticide safety data sheets (SDSs)  Post hazard information at central display for 30 days after REI expires and retain for 2 years  Access available from display period through retention to:  Employee (upon oral or written request)  Treating medical personnel and persons working under their supervision (oral or written request)  Designated representative (written request only) 25

Pesticide Safety Information Revision  Safety information displayed at central location and certain decontamination sites  Additional information required on display [Delayed implementation] 26

Minimum Age for Handlers and Early-Entry Workers Revision  Requires a minimum age of 18 for pesticide handlers and early entry workers (who enter field during restricted- entry interval (REI))  Members of owner’s immediate family are exempt from this requirement  No minimum age in WPS for workers entering field after REI expires 27

Respirators Current  Employers must provide Personal Protective Equipment (PPE) required by labeling & ensure respirator fits correctly Revision  Adopts by reference a subset of OSHA’s standard for respirators (including filtering facepieces) - fit test, medical evaluation, training 28

Exceptions to Personal Protective Equipment Requirements Current  Handlers can reduce PPE if a closed system is used. Current rule description requires “no pesticide escape”  Handlers can reduce PPE when in an enclosed cab under certain conditions. Exception to wearing respirator allowed only if cab is certified by manufacturer to provide protection equivalent to the labeling-required respirator. 29

Exceptions to Personal Protective Equipment Requirements Revision  Establishes a performance standard for closed systems modeled on CA proposal  For enclosed cabs, maintain same exception for dermal PPE. Handlers in enclosed cabs must wear respirators identified on label, except for particulate filtering facepiece respirator (dust/mist filtering respirator)

Exceptions to Personal Protective Equipment Requirements Current  Crop advisors and their employees entering treated area during REI may wear early-entry PPE instead of handler PPE.  Different than exemption from certain requirements for certified crop advisors and their employees Revision  Crop advisors and their employees entering treated area during REI may wear early-entry PPE or standard PPE instead of handler PPE.  Coveralls, shoes plus socks, gloves made of any waterproof material and (if required by label) eye protection 31

Application Exclusion Zones in Outdoor Production Current  During pesticide applications, workers and others are prohibited from being in: Treated area (green)  The treated area - for farms and forests  The treated area and areas adjacent to treated Entry-restricted area (purple) areas (entry-restricted areas) – for nurseries 32

Application Exclusion Zones in Outdoor Production Revision  Establishes application exclusion zones (AEZ) based on distance from the application equipment for farms and forests, also applies in nurseries Treated area  Agricultural employers must keep workers (green) and other persons out of the treated area & AEZ that are WITHIN the boundary of the establishment owner’s property  Handler must suspend application if persons are in AEZ. Requirement to suspend application is NOT limited by the boundary of the establishment owner’s property [Delayed implementation] Application exclusion zone (purple) 33

Decontamination Supplies Current  Employers must provide “sufficient amount of water so that the workers/handlers may wash thoroughly” Revision  Provide 1 gallon of water for each worker and 3 gallons for each handler and each early-entry worker; measured at the beginning of the work period 34